Ala. Admin. Code r. 270-X-5-.13

Current through Register Vol. 42, No. 11, August 30, 2024

Section 270-X-5-.13 - Use Of Electronic Signatures

(1)Legal Basis: The Alabama Uniform Electronic Transactions Act

Ala. Code § 8-1A-1 et seq., enacted in 2002, is intended to facilitate the use of electronic documents in business, commercial, and governmental transactions. The Act promotes, but does not require, the use of electronic signatures and creation of electronic documents. Section 8-1A-18(a) provides that "each government agency of this state with rule-making authority...may determine by rule whether, and the extent to which, it will send and accept electronic records and electronic signatures to and from other persons and otherwise create generate, communicate, store, process, use, and rely upon electronic records and electronic signatures." Section 8-1A-12(a) provides that an electronic record meets other state law requirements for record retention if the electronic record both accurately reflects the original document and is accessible for later reference. Section 8-1A-13 provides that an electronic record may not be excluded from evidence in court solely because it is in electronic form.

(2)Use of Electronic Signatures and Electronic Records: In accordance with Ala. Code § 8-1A-18(a), the Board of Dental Examiners of Alabama hereby establishes that to the fullest extent permitted by the Act, and except as otherwise provided in this Rule, the Board will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures. In accordance with Section 8-1A-18(b), the system selected and used for collection and validation of electronic signatures will, at a minimum:

(a) Provide an identical copy of the original signed and executed document to the signer.

(b) Ensure non-repudiation (i.e., that the signer cannot deny the fact that he or she electronically signed the document).

(c) Capture information about the process used to capture signatures (i.e., create an audit trail) including but not limited to Internet Protocol addresses; date and time stamps of all events; all web pages, documents, disclosures, and other information presented; and what each party acknowledged, agreed to, and signed.

(d) Encrypt, end-to-end, all communication within the signature process. Encryption technologies shall comply with state encryption standards, including the requirements that cryptographic modules be validated to the current Federal Information Processing Standards (FIPS).

(3)Selection of Digital Signature Platform. The Executive Director is authorized to select and contract with an appropriate provider for collection and validation of electronic signatures that meets the requirements of subparagraphs (2)(a)-(d) of this Rule. The Executive Director shall consult with the Office of Information Technology before making such selection.

(4)Exception-When Ink Signature is Still Required. Pursuant to Ala. Code § 34-9-5(b)(1), the initial registration application requires a notarized, wet-ink signature.

Ala. Admin. Code r. 270-X-5-.13

Adopted by Alabama Administrative Monthly Volume XLI, Issue No. 12, September 29, 2023, eff. 11/13/2023.

Author: Board of Dental Examiners of Alabama

Statutory Authority:Code of Ala. 1975, 8-1A-18 (a)(1), 34-9-43; State of Alabama, Office of Information Technology, Policy No. 115-01 (January 5, 2021).